Southwestern Bell Telephone Co.

National Labor Relations Board - Board Decisions

Dec 5, 1942

45 N.L.R.B. 1078 (N.L.R.B. 1942)

In the Matter Of SOUTIIWESTERN BELL TELEPHONE COMPANY and
SuPERvIsoRs' ASSOCIATION , UNAFFILIATED
Case No. R-4464.-Deeided-December 5, 1942
Jurisdiction : telephone and telegraph industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner ; election necessary.
Unit Appropriate for Collective Bargaining : all first-line supervisors, including
construction foremen, chief switchmen, installation foremen, repair foremen,
wire chiefs, chief desk man, cable foreman, head repeater attendant, chief toll
test boardman, and head central office repairman. -
Definitions : all first-line supervisors held to be employees within the meaning
of the Act.
Mr. John H. Bickett, Jr., of Dallas, Tex., and Karl B. Rugh, of St.
Louis, Mo.,: for.-the Company.
Mr. Everett. E. Cotter, of Oklahoma City, Okla., for the Association.
Mr. William. C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Supervisors' Association, unaffiliated,
herein called the Association, alleging that a question affecting com-
merce had arisen concerning the representation of employees of the
Southwestern Bell Telephone Company, St. Louis, Missouri, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Elmer P. Davis,
Trial Examiner. Said hearing was held at Houston, Texas, on Oc-
tober 30 and 31, 1942. The Company and the Association appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the bearing, are
free from prejudicial error and are hereby affirmed. The Association
and the Company,filed briefs which the Board has considered.
45 N. L. R. B., No. 153.
1078
SOUTHWESTERN BELL TELEPHONE COMPANY - 10791
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE , BUSINESS ` OF +THE COMPANY
Southwestern Bell Telephone Company, a subsidiary of American
Telephone and Telegraph Company, is a Missouri corporation, having,
its principal office at St. Louis, Missouri. It is engaged in the busi-
ness of transmitting messages by telephone and telegraph throughout-
the States of Missouri, Arkansas, 'Kansas, Oklahoma, Texas, and,
Illinois. During the year 1941, the Company's business totaled $42,-
850,564.10, of which $2,457,641.52 represents the amount derived from,
transmitting messages by telephone and telegraph between the various
States in which the Company operates. In the instant proceeding we-
are concerned only with the southeast Texas division of the Company.
The Company admits that it is engaged - in commerce within' the-
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED'
Supervisors ' Association'is an unaffiliated labor organization, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
. The Association, comprised of what is know as "first-line super-
visors," held its first meeting on or about April 1, 1942, and after a•
number of contacts with the Company was advised on or about June
27, 1942, that it would not be recognized, the Company taking the
position that the Association was not a labor organization within the
meaning of the Act and, therefore, its members were not entitled to.
the protection of the Act.
The report of a Field Examiner of the board indicates that the
Association represents a substantial nuinber of employees in the unit
hereinafter found appropriate.' ' '
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company' within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
'The report of the Field Examiner shows that the Association submitted to him a,
sworn verified list of 64 dues -paying members as of August 24, 1942, and the Company's-
pay roll showed 80 individuals within the alleged appropriate unit as of August 22, 1942.
Of the names appearing on the verified list , 56 appeared on the pay roll submitted by the
Company.
1080 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Association contends that 'all first-line supervisors employed
by the Company in its southeast Texas division comprise an appro-
priate unit. There is no controversy with respect' to the scope of the
nriit, as3both parties tare agreed-that first-line supervisors include con-
struction foremen, repair foremen, wire chiefs, chief desk man, cable
foremen, head repeater.attendant, chief toll test boardman, and head
,central office repairman. The Association enrolls only first-line su-
pervisors of the southeast Texas division which, as stated above, is the
only division of the Company involved in this proceeding.
There are approximately 80 first-line supervisors employed by the
Company in its southeast Texas division. - They supervise the work of
700 non-supervisory plant, employees, who are represented .for the
purposes of collective bargaining by the Southwestern Telephone
Workers Union. This union, which-has a contract with the Company,
specifically, excludes from.its membership and contract all supervisory
employees of the Company.
The sole issue concerns the appropriateness of the alleged unit.
The Company contends that the first-line supervisors are a part of the
-management and, therefore, do not comprise an -appropriate bargain-
ing unit within the meaning of the Act. The Company asserts that
,its only direct contact with the individual non-supervisory employees
is through the first-line supervisors. It further argues that if the
Association is certified by the Board it may engage in activities di-
rected against a telephone user, and that the Company, although
charged with the duty of suppressing such activities under the Federal
Communications,Act, nevertheless might,be subjected to unfair labor
practice charges in the event it attempted to interfere with such action
by the Association. We find this contention to be without merit .2
The Association contends that first-line supervisors comprise an
appropriate unit because they are minor supervisory employees,,ex-
excising, no,.final authority, over the men working under them; that'
community of interests, similarity of duties, wages, hours, ,and--work-
ing conditions establish this group as an appropriate unit; and finally
that the exclusion of these employees from the only other labor organ i-
zation representing employees of the Company leaves them without
iepresentation or protection to which they are entitled, under. the Act.
The southeast Texas division is a geographical division of the Coln-
pany under the supervision of a division plant superintendent. This
division is divided into four districts, the Houston, Houston suburban,
2 Cf. Matter of Chrg8ler Col potation, Highland Park Plant and Local 114, United Auto-
mobile and Agricultural Implement lVorker8 of America, affi liated with the C. I. 0 , 44
N L. R. B. 881.
SOUTHWESTERN BELL. TELEPHONE COMPANY 1081,
Galveston;, and' Beaumont districts, each of, which is 'headed by a. dis-
trict plant chief or superintendent. Each district is in turn divided
into territorial' sections, designated' as plant departments which: employ
third-,,second-,.and, first-line supervisors. Thus first-line supervisors,
occupy the lowest rank in the supervisory hierarchy. The duties and
authority of these employees are substantially similar with respect to,
the managerial power they exercise. They are salaried employees, re-
ceiving from $240 to $295 per month. Each first-line supervisor is-
in charge of a group of non-supervisory employees of the Company.
In the performance of'his supervisory d'utiAs, the first-line, supervisor
must observe specific working practices formulated by the Company..
Nofirst-line-supervisor has the authority to hire or discharge-employees
under him. He'must proceed- through his second-line supervisor with
respect to hiring men. The afore-mentioned working practices of the'
Company require approval of the division superintendent for the dis-
charge of an employee who has been in the employ of the company less
than 2 years, approval of the plant superintendent for the discharge of
an employee-'with;service, of from 2 to 3-years, and the,-approval of the
general- plant superintendent for the discharge of an employee with
over, 10'years"" service. Thus, first-line supervisors may be classed as
gang or group, leaders who have the, responsibility of directing that-
Company' policies and practices be' carried out as these policies and
practices apply to the, work in each of" the units- over which member-,
of the, Association have supervision. We find that the first-line su-
pervisors are employees within the, meaning of Section' 2 (3) of the
Act, and, as wekhave recently held,-are entitled to organize and bargain
colUcti'el'y with- their employer.g' -
We-find that all first-line supervisors employed by the' Company in
its- southeast Texas division, including construction foremen, chief'
switchmen, installation foremen, repair foremen, wire chiefs; chief
desk man, cable foremen, head repeater attendant, chief toll test
boardman, and head central office repairman, constitute a unit appro-
priate' for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
Although the Association requested that it be certified- 'on the
record, we shall direct that the question concerning representation
which has arisen be resolved by an election by secret ballot. The
Association desires that, in the event an election is directed, the pay-
11 See Union Collieries Coal Company , Oakmont, Pa. and Mine Officials Union of America
'(Ind ), 44 N . L R B 165; and Matter of Godchaux Sugars, Inc and United Sugar
Worker8. Local Indust, tal Union, No. 1186, a I. 0, 44 N L. R. B 874
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ioll date of July 15, 1942, be used in determining the eligibility, to
vote. We see no valid reason for deviating from our usual practice.
.Accordingly, we shall direct that the employees eligible to vote shall
be those in the appropriate unit who were.employed during the pay-
Ioll period immediately' preceding the date of our Direction of
Election, subject to the limitations and additions set forths,in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Southwestern
Bell Telephone Company, Southeast, Texas Division, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Direction of Election, under
the direction and supervision of the Regional Director for the Six-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 10, of said Rules
and Regulations, among all employees of the Company in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or in the active military service
,or training of the United States, or temporarily laid off, but exclud-
ing any who have, since quit or been discharged for cause, to deter-
mine whether or not Ithey desire to be represented by. Supervisors'
Association, for the purposes of collective bargaining.
MR. GERARD D. REILLY -took, no part. in' the consideration of the
:above Decision and Direction of Election. ,